Mr. Pollard: I put it on the ground of what it is worth, as an element for a jury to consider, whether an innocent person after having been examined, and hearing evidence such as was given on the last occasion, would have attempted to escape as he did.
The Stipendiary: He was a convict, you know, suffering under sentence of penal servitude for life.
Mr. Pollard: Well, I will not press it.
Mr. Pollard then said that was his case.
Prisoner here exclaimed: “I want my witnesses called. Why don’t you call my witnesses?” and then fell down.
The depositions were now read over, Mrs. Dyson’s being taken first.
Whilst her depositions were being read the prisoner conducted himself in an excited and somewhat insolent manner. Making a faint of jumping from his chair, he fell back suddenly, calling to be taken to his cell. The warders stepped forward, and he then refused to be removed, and called for his counsel, to whom he began to give instructions in an excited fashion. Mr. Clegg took little notice, and soon after Peace put his arms on the table, laid his head between them, and moaned loudly. He next drew the rug over his head, and made such interruptions that the rug was drawn back, and he was asked to be still. He paid little attention to this request, but kept moaning and muttering till the deposition were read over.
Stipendiary (to Peace): Do you hear what is said?
Prisoner (whining): Oh yes, I hear.
The depositions were afterwards read over of Sarah Ann Colgrave, Mary Ann Gregory, George Brassington, Thomas Wilson, Police-constable Ward, Inspector Bradbury, and Police-constable Pearson.